[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51354-51360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24413]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[LA-15-1-6073a; FRL-5307-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Louisiana;
Approval of the Maintenance Plan for the New Orleans Consolidated
Metropolitan Statistical Area (CMSA); Redesignation of the New Orleans
CMSA To Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On October 15, 1994, the State of Louisiana submitted a
revised maintenance plan and request to redesignate the New Orleans
CMSA ozone nonattainment area to attainment. The New Orleans CMSA is
comprised of six parishes: Jefferson, Orleans, St. Charles, St.
Bernard, St. John the Baptist, and St. Tammany. Maintenance and
contingency plans are not included in the action for the parishes of
St. John the Baptist and St. Tammany. St. John the Baptist Parish was
previously redesignated to attainment, and St. Tammany Parish has never
been designated as nonattainment.
This maintenance plan and redesignation request was initially
submitted to the EPA on April 23, 1993. Although the EPA deemed this
initial submittal complete on September 10, 1993, certain approvability
issues existed. The State of Louisiana addressed these approvability
issues and has revised its submissions. Under the Clean Air Act (CAA),
nonattainment areas may be redesignated to attainment if sufficient
data are available to warrant the redesignation and the area meets the
other CAA redesignation requirements. In this action, EPA is approving
Louisiana's redesignation request because it meets the maintenance plan
and redesignation requirements set forth in the CAA, and EPA is
approving the 1990 base year emissions inventory. The approved
maintenance plan will become a federally enforceable part of
[[Page 51355]]
the State Implementation Plan (SIP) for Louisiana.
DATES: This final rule is effective on December 1, 1995, unless notice
is postmarked by November 1, 1995, that someone wishes to submit
adverse or critical comments. If the effective date is delayed, timely
notice will be published in the Federal Register (FR).
ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6PD-L), U.S. EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Copies of the State's petition and other information
relevant to this action are available for inspection during normal
hours at the following locations:
U.S. Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street SW., Washington, D.C. 20460.
Louisiana Department of Environmental Quality, Office of Air Quality,
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.
Anyone wishing to review this petition at the Region 6 EPA office is
asked to contact the person below to schedule an appointment 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Air Planning Section
(6PD-L), U.S. Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7219.
SUPPLEMENTARY INFORMATION:
Background
The CAA, as amended in 1977 required areas that were designated
nonattainment based on a failure to meet the ozone National Ambient Air
Quality Standards (NAAQS) to develop SIPs with sufficient control
measures to expeditiously attain and maintain the standard. The New
Orleans CMSA was designated under section 107 of the 1977 CAA as
nonattainment with respect to the ozone NAAQS on September 11, 1978 (40
CFR 81.319). In accordance with section 110 of the 1977 CAA, the State
of Louisiana submitted an ozone SIP as required by part D on December
10, 1979. EPA fully approved this ozone SIP on October 29, 1981 (46 FR
53412). The most recent revision to the ozone SIP occurred on May 5,
1994, when the EPA approved a SIP revision for the State of Louisiana
to correct certain enforceability deficiencies in its volatile organic
compounds (VOC) rules (59 FR 23164). For purposes of redesignations,
the State of Louisiana has an approved ozone SIP for these parishes
being considered for redesignation.
On November 15, 1990, the CAA Amendments of 1990 were enacted
(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).
The ozone nonattainment designation for Jefferson, Orleans, St.
Charles, and St. Bernard Parishes continued by operation of law
according to section 107(d)(1)(C)(i) of the CAA, as amended in 1990
(See 56 FR 56694, November 6, 1991). Since the State had collected the
required three years of ambient air quality data necessary to petition
for redesignation to attainment, and these data demonstrate that the
ozone standard had not been violated, the New Orleans CMSA was
designated as transitional for ozone.
The Louisiana Department of Environmental Quality (LDEQ) has
continued to collect ambient monitoring data that show no violations of
the ozone NAAQS of .12 parts per million. The State developed
maintenance plans for Jefferson, Orleans, St. Bernard, and St. Charles
Parishes, and solicited public comment. Subsequently, the State of
Louisiana submitted a request, through the Governor's office, to
redesignate these parishes to attainment with respect to the ozone
NAAQS. The initial redesignation request and maintenance plans for the
New Orleans CMSA were submitted to the EPA on April 23, 1993. Although
these maintenance plans and the redesignation request were deemed
complete, several approvability issues existed. The State of Louisiana
addressed these approvability issues, and submitted revised maintenance
plans and a redesignation request accordingly. The revised
redesignation request for the New Orleans CMSA was received on October
14, 1994.
Evaluation Criteria
The 1990 Amendments revised section 107(d)(3)(E) to provide five
specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment: (1) The area must have
attained the applicable NAAQS; (2) the area must meet all applicable
requirements under section 110 and part D of the CAA; (3) the area must
have a fully approved SIP under section 110(k) of the CAA; (4) the air
quality improvement must be permanent and enforceable; and, (5) the
area must have a fully approved maintenance plan pursuant to section
175A of the CAA. Section 107(d)(3)(D) allows a Governor to initiate the
redesignation process for an area to apply for attainment status.
Please see EPA's Technical Support Document (TSD) contained in the
docket for a detailed discussion of these requirements.
(1) Attainment of the NAAQS for Ozone
Attainment of the ozone NAAQS is determined based on the expected
number of exceedances in a calendar year. The method for determining
attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix
H to that section. The simplest method by which expected exceedances
are calculated is by averaging actual exceedances at each monitoring
site over a three year period. An area is in attainment of the standard
if this average results in expected exceedances for each monitoring
site of 1.0 or less per calendar year. When a valid daily maximum
hourly average value is not available for each required monitoring day
during the year, the missing days must be accounted for when estimating
exceedances for the year. Appendix H provides the formula used to
estimate the expected number of exceedances for each year.
The State of Louisiana's request is based on an analysis of
quality-assured ozone air quality data which is relevant to both the
maintenance plan and to the redesignation request. The data come from
the State and Local Air Monitoring Station network. This request is
based on ambient air ozone monitoring data collected for more than 3
consecutive years in the area. Jefferson, Orleans, St. Bernard, and St.
Charles Parishes have collected ozone data since 1982, 1981, 1981, and
1991, respectively. The data clearly show an expected exceedance rate
of less than 1 for all these parishes. Please see the TSD for the
detailed air quality monitoring data.
In addition to the demonstration discussed above, EPA required
completion of air network monitoring requirements set forth in 40 CFR
part 58. This included a quality assurance plan revision and a
monitoring network review to determine the adequacy of the ozone
monitoring network. The LDEQ fulfilled these requirements to complete
documentation for the air quality demonstration. The LDEQ has also
committed to continue monitoring in the New Orleans CMSA in accordance
with 40 CFR part 58.
In summary, EPA believes that the data submitted by the LDEQ
provides an adequate demonstration that the New Orleans CMSA attained
the ozone NAAQS. Moreover, the monitoring data continue to show
attainment to date.
[[Page 51356]]
If the State's monitoring data demonstrates a valid violation of
the NAAQS before the direct final action is effective, the direct final
approval of the redesignation will be withdrawn and a proposed
disapproval substituted for the direct final approval.
(2) Section 110 Requirements
For purposes of redesignation, to meet the requirement that the SIP
contain all applicable requirements under the CAA, EPA has reviewed the
SIP to ensure that it contains all measures that were due under the CAA
prior to or at the time the State submitted its redesignation request,
as set forth in EPA policy. EPA interprets section 107(d)(3)(E)(v) of
the CAA to mean that, for a redesignation request to be approved, the
State must have met all requirements that applied to the subject area
prior to or at the same time as the submission of a complete
redesignation request. In this case, the date of submission of a
complete redesignation request is April 23, 1993. Requirements of the
CAA that come due subsequently continue to be applicable to the area at
later dates (see section 175A(c)) and, if redesignation of any of the
areas is disapproved, the State remains obligated to fulfill those
requirements. These requirements are discussed in the following EPA
documents: ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' John Calcagni, Director, Air Quality Management Division,
September 4, 1992; ``State Implementation Plan (SIP) Actions Submitted
in Response to Clean Air Act (CAA) Deadlines,'' John Calcagni,
Director, Air Quality Management Division, October 28, 1992; and
``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or
after November 15, 1992,'' Michael H. Shapiro, Acting Assistant
Administrator, September 17, 1993.
EPA has analyzed the Louisiana SIP and determined that it is
consistent with the requirements of amended section 110(a)(2). The SIP
contains enforceable emission limitations; requires monitoring,
compiling, and analyzing ambient air quality data; requires
preconstruction review of new major stationary sources and major
modifications to existing ones; provides for adequate funding, staff,
and associated resources necessary to implement its requirements; and
requires stationary source emissions monitoring and reporting.
(3) Part D Requirements
Before the New Orleans CMSA can be redesignated to attainment, the
Louisiana SIP must have fulfilled the applicable requirements of part D
of the CAA. Under part D, an area's classification indicates the
requirements to which it will be subject. Subpart 1 of part D sets
forth the basic nonattainment requirements applicable to all
nonattainment areas, classified as well as nonclassifiable. Subpart 2
of part D establishes additional requirements for nonattainment areas
classified under table 1 of section 181(a)(1). Since the New Orleans
CMSA is considered nonclassifiable, the State is only required to meet
the applicable requirements of subpart 1 of part D--specifically
sections 172(c) and 176. As long as EPA did not determine that any of
the pertinent section 172(c) requirements were applicable prior to the
submission of these redesignation requests in 1993, none of these
requirements are applicable for purposes of this redesignation action.
Section 176(c) of the CAA requires States to revise their SIP's to
establish criteria and procedures to ensure that Federal actions,
before they are taken, conform to the air quality planning goals in the
applicable State SIP. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded, or
approved under title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other Federal
actions (``general conformity'').
Section 176 further provides that the conformity revisions to be
submitted by the States must be consistent with Federal conformity
regulations that the CAA required EPA to promulgate. Congress provided
for the State revisions to be submitted one year after the date for
promulgation of final EPA conformity regulations. When that date passed
without such promulgation, EPA's General Preamble for the
implementation of title I informed the State that its conformity
regulations would establish a submittal date (see 57 FR 13498, 13557
(April 16, 1992)). The EPA promulgated final transportation conformity
regulations on November 24, 1993 (58 FR 62118) and general conformity
regulations on November 30, 1993 (58 FR 63214). These conformity rules
require that States adopt both transportation and general conformity
provisions in the SIP for areas designated nonattainment or subject to
a maintenance plan approved under CAA section 175A.
Pursuant to 40 CFR 51.396 of the transportation conformity rule and
40 CFR 51.851 of the general conformity rule, the State of Louisiana
was required to submit a SIP revision containing transportation
conformity criteria and procedures consistent with those established in
the Federal rule by November 25, 1994. Similarly, Louisiana was
required to submit a SIP revision containing general conformity
criteria and procedures consistent with those established in the
Federal rule by December 1, 1994. Louisiana submitted both its
transportation and general conformity rules to EPA on November 10,
1994. As these requirements did not come due until after the original
submission date of this redesignation request, these conformity rule
submissions need not be approved prior to taking action on this
redesignation request.
(3) Fully Approved SIP
The EPA finds that the State of Louisiana has a fully approved SIP
for the New Orleans CMSA for the purposes of redesignating the area to
attainment for ozone.
(4) Permanent and Enforceable Measures
Under the CAA, EPA approved Louisiana's SIP control strategy for
the New Orleans CMSA, satisfied that the rules and the emission
reductions achieved as a result of those rules were enforceable.
Several Federal and Statewide rules are in place which have
significantly improved the ambient air quality in this area. Existing
Federal programs, such as the Federal Motor Vehicle Control Program and
the Reid Vapor Pressure limit of 7.8 pounds per square inch for
gasoline, will not be lifted upon redesignation. These programs will
counteract emissions growth as the area experiences economic growth
over the life of their maintenance plans.
The State adopted volatile organic compound (VOC) rules such as
oil/water separation; degreasing and solvent clean-up processes;
surface coating rules for large appliances, furniture, coils, paper,
fabric, vinyl, cans, miscellaneous metal parts and products, and
factory surface coating of flat wood paneling; solvent-using rules for
graphic arts; and miscellaneous industrial source rules such as for
cutback asphalt. The applicable reasonably available control technology
(RACT) rules will also remain in place. In addition, the State permits
program, the Prevention of Significant Deterioration permits program,
and the Federal Operating
[[Page 51357]]
Permits program will help counteract emissions growth.
The EPA finds that the combination of existing EPA-approved SIP and
Federal measures ensure the permanence and enforceability of reductions
in ambient ozone levels that have allowed the area to attain the NAAQS.
(5) Fully Approved Maintenance Plan Under Section 175A
In today's document, EPA is approving the State's maintenance plan
for the New Orleans CMSA because EPA finds that the LDEQ's submittal
meets the requirements of section 175A. Thus, the area will have a
fully approved maintenance plan in accordance with section 175A as of
the effective date of this redesignation. Section 175A of the CAA sets
forth the elements of a maintenance plan for areas seeking
redesignation from nonattainment to attainment. The plan must
demonstrate continued attainment of the applicable NAAQS for at least
ten years after the Regional Administrator approves a redesignation to
attainment. Eight years after the redesignation, the State must submit
a revised maintenance plan which demonstrates that attainment will
continue to be maintained for the ten years following the initial ten-
year period. To provide for the possibility of future NAAQS violations,
the maintenance plan must contain contingency measures, with a schedule
for implementation, adequate to assure prompt correction of any air
quality problems. Each of the section 175A plan requirements is
discussed below.
Demonstration of Maintenance
The requirements for an area to redesignate to attainment are
discussed in the memorandum entitled ``Procedures for Processing
Requests to Redesignate Areas to Attainment,'' John Calcagni, Director,
Air Quality Management Division, September 4, 1992 (Calcagni memo). One
aspect of a complete maintenance demonstration discussed in the
Calcagni memo is the requirement to develop an emissions inventory from
one of the three years during which the area has demonstrated
attainment. This inventory should include VOC's, oxides of nitrogen
(NOx), and CO emissions from the area in tons per day measurements.
Attainment Inventory
The LDEQ adopted a comprehensive inventory of VOC, NOX, and CO
emissions from area, stationary, and mobile sources using 1990 as the
base year to demonstrate maintenance of the ozone NAAQS. EPA has
determined that 1990 is an appropriate year on which to base attainment
level emissions because EPA policy allows States to select any one of
the three years in the attainment period as the attainment year
inventory. The State's submittal contains the detailed inventory data
and summary by source category.
The LDEQ provided the stationary source estimates for each company
meeting the emissions criteria by requiring the submission of complete
emissions inventory questionnaires which had been designed to obtain
site-specific data. The LDEQ generated area source emissions for each
source category based on EPA's ``Procedures for the Preparation of
Emissions Inventories for Precursors of Carbon Monoxide and Ozone,
Volume I'', and the EPA document entitled ``Compilation of Air
Pollutant Emission Factors''. The nonroad mobile source inventory was
developed using methodology recommended in EPA's ``Procedures for
Emission Inventory Preparation. Volume IV: Mobile Sources''. Additional
data were provided with reference to an EPA-sponsored study entitled
``Nonroad Engine Emission Inventories for CO and Ozone Nonattainment
Boundaries.'' Onroad emissions of VOC, NX, and CO were calculated
on a county-wide basis using EPA's MOBILE5a computer model. Growth
projections were derived from the United States Department of Commerce,
Bureau of Economic Analysis statistics. These projections represent
growth for Louisiana for each emission source category.
The following table is a summary of the revised average peak ozone
season weekday VOC and NOX emissions for the major anthropogenic
source categories for the 1990 attainment year inventory.
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Tons per day
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1990 1995 2000 2005
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Jefferson Parish
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Point Source CO......................................... 4.64 4.79 4.97 5.04
Point Source VOC........................................ 6.28 6.41 6.54 6.62
Point Source NOX........................................ 55.12 57.74 60.63 62.07
Area Source CO.......................................... 2.78 2.85 2.84 2.85
Area Source VOC......................................... 25.85 26.41 26.33 26.42
Area Source NOX......................................... 1.75 1.79 1.78 1.79
Nonroad Source CO....................................... 118.08 120.60 120.27 120.67
Nonroad Source VOC...................................... 13.58 13.87 13.83 13.88
Nonroad Source NOX...................................... 13.63 13.92 13.88 13.93
Onroad Source CO........................................ 255.87 179.03 147.19 132.46
Onroad Source VOC....................................... 31.47 21.34 18.08 16.14
Onroad Source NOX....................................... 27.90 24.61 21.53 19.35
Total CO................................................ 381.37 307.26 275.26 258.45
Total VOC............................................... 77.18 68.02 64.78 63.05
Total NOX............................................... 98.41 98.06 97.82 97.14
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Orleans Parish
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Point Source CO......................................... 2.04 2.10 2.18 2.21
Point Source VOC........................................ .47 .47 .48 .47
Point Source NOX........................................ 22.30 23.32 24.38 24.89
Area Source CO.......................................... 3.24 3.11 3.27 3.30
Area Source VOC......................................... 23.21 22.25 23.42 23.67
Area Source NOX......................................... 1.38 1.32 1.39 1.40
Nonroad Source CO....................................... 130.89 125.53 132.11 133.48
[[Page 51358]]
Nonroad Source VOC...................................... 15.05 14.43 15.19 15.35
Nonroad Source NOX...................................... 15.05 14.43 15.19 15.35
Onroad Source CO........................................ 262.15 192.22 157.38 139.77
Onroad Source VOC....................................... 32.16 22.90 19.50 17.29
Onroad Source NOX....................................... 30.01 27.65 24.08 21.44
Total CO................................................ 398.32 322.96 294.94 278.75
Total VOC............................................... 70.89 60.06 58.59 56.78
Total NOX............................................... 68.79 66.72 65.04 63.08
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St. Bernard Parish
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Point Source CO......................................... 53.80 53.76 54.28 53.21
Point Source VOC........................................ 16.35 16.32 16.47 16.16
Point Source NOX........................................ 29.44 29.44 29.79 29.46
Area Source CO.......................................... .73 .78 .76 .75
Area Source VOC......................................... 3.43 3.59 3.52 3.49
Area Source NOX......................................... .27 .29 .28 .28
Nonroad Source CO....................................... 17.55 18.41 18.00 17.88
Nonroad Source VOC...................................... 2.02 2.12 2.07 2.06
Nonroad Source NOX...................................... 2.02 2.12 2.08 2.06
Onroad Source CO........................................ 30.18 21.04 17.37 16.04
Onroad Source VOC....................................... 3.69 2.50 2.08 1.88
Onroad Source NOX....................................... 2.82 2.45 2.16 1.99
Total CO................................................ 102.26 93.99 90.41 87.88
Total VOC............................................... 25.49 24.53 24.15 23.59
Total NOX............................................... 34.56 34.30 34.31 33.79
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St. Charles Parish
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Point Source CO......................................... 10.68 10.79 11.01 10.98
Point Source VOC........................................ 30.44 30.19 30.23 29.73
Point Source NOX........................................ 118.05 120.85 124.57 125.41
Area Source CO.......................................... .29 .31 .30 .75
Area Source VOC......................................... 2.14 2.29 2.23 2.21
Area Source NOX......................................... .15 .16 .16 .16
Nonroad Source CO....................................... 11.18 11.95 11.64 11.57
Nonroad Source VOC...................................... 1.28 1.38 1.34 1.33
Nonroad Source NOX...................................... 1.29 1.38 1.34 1.33
Onroad Source CO........................................ 46.85 35.80 29.56 26.60
Onroad Source VOC....................................... 5.42 3.99 3.55 3.35
Onroad Source NOX....................................... 7.75 7.08 6.49 6.22
Total CO................................................ 69.00 59 52.51 51.42
Total VOC............................................... 39.28 37.84 37.53 36.63
Total NOX............................................... 127.24 129.47 131.55 133.11
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It should be noted that although the NOX projections for St.
Charles Parish increase by 2,143 tons per year in 2005, the overall
four parish NOX inventory decreases by 682 tons per year overall.
The attainment inventories submitted by the LDEQ for Jefferson,
Orleans, St. Bernard, and St. Charles Parishes meet the redesignation
requirements as discussed in the Calcagni memo. Therefore, the EPA is
today approving the emissions inventory component of the maintenance
plan for these parishes.
Continued Attainment
Continued attainment of the ozone NAAQS in the New Orleans CMSA
will depend, in part, on the Federal and State control measures
discussed previously. However, the ambient air monitoring sites will
remain active at their present locations during the maintenance period.
These data will be quality assured and submitted to the Aerometric
Information and Retrieval System (AIRS) on a monthly basis. Certain
monitored ozone levels will provide the basis for triggering measures
contained in the contingency plans. Additionally, as discussed above,
during year 8 of the maintenance period, the LDEQ is required to submit
a revised plan to provide for maintenance of the ozone standard in
these parishes for the next ten years.
Contingency Plan
Section 175A of the CAA requires that a maintenance plan include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of the area to attainment.
The contingency plan should clearly identify the measures to be
adopted, a schedule and procedure for adoption and implementation, and
a specific time limit for action by the State. The State should also
identify specific triggers which will be used to determine when the
measures need to be implemented.
The LDEQ has selected VOC offsets and new Control Techniques
Guidelines (CTG) or Alternative Control Technology (ACT) rule
implementation as its contingency measures. At any time during the
maintenance period, if any one of the four parishes included in the
maintenance area record a second exceedance of the ozone NAAQS within
any consecutive three-year period (a level below the NAAQS), the LDEQ
will promulgate a rule change to implement VOC offsets in that parish.
This rule will be submitted to EPA within 9 months of the second
exceedance. Implementation
[[Page 51359]]
will occur if a third exceedance of the ozone standard is recorded
during any consecutive 3 year period.
Should any parish experience a third exceedance of the ozone
standard during any consecutive 3 year period, the LDEQ will promulgate
a rule revision to place new CTG and ACT VOC rules (where applicable)
in that parish. These rules will be submitted to the EPA within 9
months of the third exceedance. Implementation will occur if a
violation of the ozone standard is recorded during any consecutive 3
year period. These contingency measures and schedules for
implementation satisfy the requirements of section 175A(d).
Final Action
The EPA has evaluated the State's redesignation request for the New
Orleans CMSA for consistency with the CAA, EPA regulations, and EPA
policy. The EPA believes that the redesignation request and monitoring
data demonstrate that this area has attained the ozone standard. In
addition, the EPA has determined that the redesignation request meets
the requirements and policy set forth in the General Preamble and
policy memorandum discussed in this notice for area redesignations, and
today is approving Louisiana's redesignation request for the New
Orleans CMSA.
The EPA is publishing this action without prior proposal because
the EPA views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective December 1, 1995, unless adverse or critical comments are
postmarked by November 1, 1995. If the EPA receives such comments, this
action will be withdrawn before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on this action serving as a proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. If
no such comments are received on this action, the public is advised
that this action will be effective December 1, 1995.
The EPA has reviewed this redesignation request for conformance
with the provisions of the CAA and has determined that this action
conforms to those requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, under 5 U.S.C. 605(b), the EPA may certify that the rule
will not have a significant impact on a substantial number of small
entities (see 46 FR 8709). Small entities include small businesses,
small not-for-profit enterprises, and governmental entities with
jurisdiction over populations of less than 50,000.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 1, 1995. Filing a petition for
reconsideration of this final rule by the Administrator does not affect
the finality of this rule for purposes of judicial review; nor does it
extend the time within which a petition for judicial review may be
filed, or postpone the effectiveness of this rule. This action may not
be challenged later in proceedings to enforce its requirements (see
section 307(b)(2)).
Nothing in this action shall be construed as permitting, allowing,
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on small entities. Moreover, due to the
nature of the Federal-State relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of State action. The CAA forbids EPA from
basing its actions concerning SIPs on such grounds. Union Electric Co.
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C.
7410(a)(2). The Office of Management and Budget has exempted this
action from review under Executive Order 12866.
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this SIP or plan revision approved in this
action, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A of the
Clean Air Act. The rules and commitments approved in this action may
bind State, local and tribal governments to perform certain actions and
also require the private sector to perform certain duties. To the
extent that the rules and commitments being approved by this action
will impose or lead to the imposition of any mandate upon the State,
local, or tribal governments, either as the owner or operator of a
source or as a regulator, or would impose or lead to the imposition of
any mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
Therefore, EPA has determined that this final action does not include a
mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
Table 3 SIP Actions Exempt From OMB Review
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
List of Subjects in 40 CFR Parts 52 and 81
Environmental protection, Air pollution control, Area designations,
Hydrocarbons, Incorporation by reference, Intergovernmental
regulations, National Parks, Reporting and recordkeeping, Ozone,
Volatile organic compounds, Wilderness areas.
Dated: September 22, 1995.
Allyn M. Davis,
Acting Regional Administrator (6RA).
40 CFR Parts 52 and 81 are amended as follows:
[[Page 51360]]
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--Louisiana
2. Section 52.975 is amended by adding paragraph (c) to read as
follows:
Sec. 52.975 Redesignations and maintenance plans: Ozone.
* * * * *
(c) Approval--The Louisiana Department of Environmental Quality
(LDEQ) submitted a redesignation request and maintenance plan for the
New Orleans CMSA on April 23, 1993. The EPA deemed this request
complete on September 10, 1993. Several approvability issues existed,
however. The LDEQ addressed these approvability issues in a
supplemental ozone redesignation request and revised maintenance plan.
This supplemental submittal was received on October 14, 1994. The
redesignation request and maintenance plans meet the redesignation
requirements in section 107(d)(3)(E) of the Act as amended in 1990. The
redesignation meets the Federal requirements of section 182(a)(1) of
the Clean Air Act as a revision to the Louisiana ozone State
Implementation Plan for Jefferson, Orleans, St. Bernard, and St.
Charles Parishes. The EPA therefore approved the request for
redesignation to attainment with respect to ozone for Jefferson,
Orleans, St. Bernard, and St. Charles Parishes on December 1, 1995.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.319, the ozone table is amended by revising the
entries for Jefferson, Orleans, St. Bernard, and St. Charles Parishes
to read as follows:
Sec. 81.319 Louisiana.
* * * * *
Louisiana--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------
Date Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * *
Jefferson Parish December 1, 1995......... Attainment.
Orleans Parish.. December 1, 1995......... Attainment.
St. Bernard December 1, 1995......... Attainment.
Parish.
St. Charles December 1, 1995......... Attainment.
Parish.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 95-24413 Filed 9-29-95; 8:45 am]
BILLING CODE 6560-50-P
